THE PEOPLE V DENNIS TOOLEY
Motion No: KA 10-00357
Slip Opinion No: 2010 NY Slip Op 88205(U)
Decided on November 16, 2010
Appellate Division, Fourth Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


November 16, 2010

PRESENT: SCUDDER, P.J., MARTOCHE, SMITH, CENTRA, AND FAHEY, JJ.

KA 10-00357
Indictment No: 96-10-143

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V

DENNIS TOOLEY, DEFENDANT-APPELLANT.


Appellant having moved for an extension of time to perfect the appeal taken from the order of Ontario County Court, entered January 28, 2010,

Now, upon reading and filing the affirmation of John E. Tyo, Esq. dated October 17, 2010, the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted on the condition that appellant perfect the appeal on or before February 14, 2011, and in the event of failure to so perfect, the appeal is hereby dismissed without further order.

Entered: November 16, 2010

Patricia L. Morgan, Clerk